3) That ETKL pays to the Commission Ksh.500,000 within fifteen (15) days for failing to comply with the Commission’s directive to re-connect the E1 link to ACL; and 4) In view of the blatant disregard and non-compliance with the Commission’s directive issued on 17th December, 2009 and reiterated on 23rd December, 2009, the Commission hereby enters a formal caution on ETKL’s compliance record for Year 2009. In conclusion, the Commission takes allegations of this nature very seriously and has already initiated independent investigations. In the event that any of the parties is found to have willfully perpetrated any fraudulent activity, the Commission will take appropriate action against the offending party. DATED this…………………day of ………………………………..2010 DIRECTOR GENERAL Page 11 of 11   

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